From Casetext: Smarter Legal Research

Hauling v. Cohen

District Court of Appeal of Florida, First District
Aug 15, 2008
987 So. 2d 1268 (Fla. Dist. Ct. App. 2008)

Opinion

No. 1D08-2001.

August 15, 2008.

An appeal from the Circuit Court for Duval County. Charles O. Mitchell, Jr., Judge.

George Brew, Law Office of George K. Brew, Jacksonville, for Appellant.

Richard R. Thames of Stutsman Thames Markey, Jacksonville, for Appellee.


The appellant timely filed this appeal seeking review of three interlocutory orders that relate to the substitution of the bankruptcy trustee for the bankrupt plaintiff, Donna Engelbrecht. However, neither the order denying summary judgment, the order allowing an amended complaint, nor the order substituting the Trustee for Engelbrecht is an immediately appealable order. See S. Broward Hosp. Dist. v. Dupont, 683 So.2d 1135 (Fla. 4th DCA 1996) (dismissing review of order denying motion for summary judgment because petitioner will have an adequate remedy on final appeal); Beverly Health Rehab. Servs., Inc. v. Meeks, 778 So.2d 322 (Fla. 2d DCA 2000) (noting the limited scope of review and denying petition for writ of certiorari on review of order granting leave to amend complaint). See generally, Martin v. Pahiakos, 490 F.3d 1272, 1277 (11th Cir. 2007) (noting that "it is beyond dispute that the parties in both cases are identical. Although the Trustee stood in the shoes of Martin during this phase of the litigation, that is no impediment to considering the parties identical in the res judicata analysis").

DISMISSED.

WOLF, LEWIS, and ROBERTS, JJ., concur.


Summaries of

Hauling v. Cohen

District Court of Appeal of Florida, First District
Aug 15, 2008
987 So. 2d 1268 (Fla. Dist. Ct. App. 2008)
Case details for

Hauling v. Cohen

Case Details

Full title:ARLINGTON HEAVY HAULING, INC., a Florida corporation, Appellant, v. Aaron…

Court:District Court of Appeal of Florida, First District

Date published: Aug 15, 2008

Citations

987 So. 2d 1268 (Fla. Dist. Ct. App. 2008)